[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84777-84779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26720]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-433-813]


Strontium Chromate From Austria: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that strontium chromate from Austria was not sold by Habich 
GmbH (Habich) in the United States at less than normal value (NV) 
during the period of review (POR) of November 1, 2021, through October 
31, 2022. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable December 6, 2023.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202) 
482-1766, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 27, 2019, Commerce published the antidumping duty order 
on strontium chromate from Austria.\1\ On January 3, 2023, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce published the 
initiation of an administrative review of the Order, covering one 
producer/exporter, Habich.\2\
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    \1\ See Strontium Chromate from Austria and France: Antidumping 
Duty Orders, 84 FR 65349 (November 27, 2019) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act), on July 24, 2023, Commerce determined that it was 
not practicable to complete the preliminary results of this review 
within 245 days and extended the deadline for the preliminary results 
of this review until November 30, 2023.\3\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
July 24, 2024.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is available via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Strontium 
Chromate from Austria, 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is strontium chromate, 
regardless of form (including but not limited to, powder (sometimes 
known as granular), dispersions (sometimes known as paste), or in any 
solution). The merchandise subject to the Order is currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 2841.50.9100. Subject merchandise may also 
enter under HTSUS subheading 3212.90.0050. While the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope is dispositive. For a complete description of 
the scope of the Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margin exists for the period November 1, 2021, through October 31, 
2022:

------------------------------------------------------------------------
                                              Weighted- average dumping
             Exporter/producer                    margin (percent)
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Habich GmbH...............................  0.00 (de minimis)
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Verification

    On April 13, 2023, WPC Technologies (the petitioner) timely 
requested that Commerce conduct verification of Habich's questionnaire 
responses.\5\ Moreover, no verification was conducted during the two 
immediately preceding reviews of Habich. Therefore, Commerce intends to 
verify the information that Commerce relies upon for the final results 
of this review with respect to Habich, as provided in section 782(i)(3) 
of the Act.
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    \5\ See Petitioner's Letter, ``Request to Verify Habich's 
Questionnaire Responses,'' dated April 13, 2023.
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties with an 
administrative protective order within five days of the date of 
publication of the preliminary results in accordance with 19 CFR 
351.224(b). Case briefs or other written comments may be submitted to 
Commerce. A timeline for the submission of case briefs and written 
comments will be provided to interested parties at a later date. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than five days after the date for filing case 
briefs.\6\ Interested parties who submit case briefs or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\7\
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    \6\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \7\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged

[[Page 84778]]

interested parties to provide an executive summary of their brief that 
should be limited to five pages total, including footnotes. In this 
administrative review, we instead request that interested parties 
provide at the beginning of their briefs a public, executive summary 
for each issue raised in their briefs.\8\ Further, we request that 
interested parties limit their executive summary of each issue to no 
more than 450 words, not including citations. We intend to use the 
executive summaries as the basis of the comment summaries included in 
the issues and decision memorandum that will accompany the final 
results in this administrative review. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\9\ Case and rebuttal briefs should be filed using 
ACCESS.\10\
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    \8\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \9\ See APO and Service Final Rule.
    \10\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS. Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. If a request for a hearing is made, 
Commerce intends to hold a hearing at a time and date to be 
determined.\11\ Parties should confirm the date, time, and location of 
the hearing two days before the scheduled date.
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    \11\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless this deadline is extended.\12\
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    \12\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce intends to determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by this review. If 
Habich's weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.5 percent) in the final results of this review, and 
because Habich reported entered values for all of its sales, we intend 
to calculate importer-specific ad valorem assessment rates based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those sales, in accordance 
with 19 CFR 351.212(b)(1). We intend to instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., 0.50 percent). If 
Habich's overall weighted-average dumping margin is zero or de minimis 
or where an importer-specific ad valorem assessment rate is zero or de 
minimis, in the final results of review, we intend to instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\13\
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    \13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Habich 
for which it did not know that the merchandise was destined for the 
United States, we intend to instruct CBP to liquidate those entries at 
the all-others rate established in the original less-than-fair-value 
(LTFV) investigation \14\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\15\
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    \14\ See Order, 69 FR at 4111.
    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
administrative review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Habich will be that established in the final 
results of this administrative review, except if the rate is less than 
0.50 percent and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for previously investigated companies not participating in this review, 
the cash deposit rate will continue to be the company-specific cash 
deposit rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the underlying 
investigation, but the producer is, then the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
25.90 percent, the all-others rate established in the LTFV 
investigation.\16\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \16\ See Order, 69 FR at 4111.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).


[[Page 84779]]


    Dated: November 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-26720 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-DS-P